Are there any restrictions on foreign ownership ratios in Joint venture real estate development projects?
Question: According to Vietnamese regulations regarding investment projects related to land and real estate development and business, are there any limits on the ownership ratio of foreign investors? If so, could you please provide the legal basis and the methods for the Company to ensure the controlling rights of the Investor (CĐT) over the joint […]
The issue of Authorization in Enterprises
Question: Dear Lawyer, can the authorized representative of a shareholder/member delegate their rights and obligations to another person? (The delegation follows the diagram below: Foreign Company -> First Authorized Person -> Second Authorized Person -> Vietnamese Company). We kindly ask for your consultation for our Company. Answer: The Vietnamese Enterprise Law does not have a […]
"PHO": A CULTURAL ICON AND THE TRADEMARK CONTROVERSY IN UNITED KINGDOM
Pho is widely celebrated as the quintessential national dish of Vietnam, symbolizing the country’s rich culinary heritage and enjoyed by people of all backgrounds. In 2007, “Pho” was added to the Shorter Oxford English Dictionary. As defined in Oxford Learner’’s Dictionary, “PHO is a type of Vietnamese soup, usually served with rice noodles, slices of […]
Signing a lease contract for a parking area without registering a business location may expose the Company to legal risks
Question: Lawyer, can you advise us on the legal risks the Company may face when signing a lease contract for a parking area without completing the registration procedure for a business location? Response: Tax Risks Since the Company has not registered the business location at the operating site, expenses related to this business location may […]
Conducting business in the rental of machinery, equipment, and other tangible goods without operators (VSIC 7730 and CPC 83109) for a 100% foreign-owned company
Question: Dear Lawyer, our company is a 100% foreign-owned enterprise with a parent company established in Singapore. Can we conduct business in the rental of machinery, equipment, and other tangible goods without operators (VSIC 7730 and CPC 83109)? Response: Based on the information provided by the Company, the Lawyer understands that the Company is a […]
Risks and considerations when the Company signs contracts using electronic signatures
Question: Lawyer, what risks might our Company face when accepting electronically signed contracts? What considerations should be kept in mind when signing contracts using electronic signatures? Response: Potential risks when accepting electronically signed contracts 1. The digital signature does not meet regulatory requirements. If the digital signature on the electronic contract does not meet the […]
How to verify the validity of the customer’s electronic signature
Question: Can the lawyer advise us on how to verify whether the customer’s electronic signature is valid? Response: The verification of whether the customer’s electronic signature is valid will be conducted through the electronic contract software, in this case, the electronic contract software provided by the Electronic Contract Certification Service Provider (hereinafter referred to as […]
Will an electronically signed contract be accepted by the court for case filing?
Question: Our company has entered into an electronic contract with a customer. Could you advise us on whether we might face any difficulties when presenting this contract to the court in case of a dispute? Will the court accept electronically signed documents for case filing? Reply: The Vietnamese courts may accept electronically signed contracts as […]
According to the regulations, when distributing dividends to shareholders, are we required to distribute them all at the same time? When distributing dividends, What should we take into account to ensure valid records and documents?
Ask: According to the regulations, when distributing dividends to shareholders, are we required to distribute them all at the same time? When distributing dividends, What should we take into account to ensure valid records and documents? Answer: 1. Conditions for dividend distribution According to the provisions of Clause 1 and Clause 2, Article 135 of […]